Ask any Indianapolis family law attorney and they will tell you that child Custody law is a complex landscape that can leave any parent or guardian, mother or father with many questions and concerns throughout the process. Within the state of Indiana, child custody is based on the principle of “best interests of the child.” The best interest of the child (“BIOC”) standard is based on such factors as: love and affection and emotional ties between a parent and child; capacity of one parent or another to take care of the child; time spent by the child in one environment or another; the moral fitness of the potential custodial parents; the willingness of the parties to encourage a close parent-child relationship with both parents; and any other factor that a judge would determine to be relevant. This list is non-exhaustive.
Divorce can lead to some tough decisions by both parents and the court in determining child custody and support obligations. In the grand scheme of things, a parent cannot put a price on their child’s well-being. The most important part of a divorce for couples with children involved is custody. How custody is determined in Indiana is under the BIOC.
The BIOC is determined by many relevant factors relating to the care and health of the child. Indiana code section 31-14-13-2 discusses factors of custody determination more in specifically. There are eight factors that help the court decide which parent should get custody of the child.
The eight factors listed are as follows.
1. The age and sex of the child
2. The wishes of the parents in the custody determination.
3. The wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen years old.
4. The interaction and interrelationship of the child with:
a. The parents
b. Other siblings or step-siblings.
c. Any other person who may significantly affect the child’s best interest.
5. The child’s adjustment to home, school, and community.
6. The mental and physical health of all individuals involved.
7. Evidence of a pattern of domestic or family violence by either parent.
8. Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider other factors.
Many times, divorcing parents will agree to custody and support obligations before the official Divorce Decree is issued by the court. In such cases, the court will use this agreement as a potential guideline for granting its support and custody holding. The agreement between the divorcing parents must be in the BIOC to be enforced or upheld by the court.
Also, there are different types or levels of custody to be obtained by guardians. First, there is legal custody which involves the parenting decisions and important legal or educational decisions to be made on behalf of the child. Second, there is physical custody which involves being the guardian or parent who controls the household in which the child resides for a majority or equal amount of time. Finally, there is joint custody which involves sharing physical or legal custody equally. If you do not have shared physical custody, the parent or guardian without physical custody usually has visitation rights or parenting time.
In aiming to get custody or a larger share of child custody during a divorce it is important to show that it is in the BIOC. Parents should always carry themselves in every facet of their lives in such a manner that would show them as favorable parents in the eyes of the court. Remember, moral fitness is a factor in determining custody of children. Further, being involved in the child’s life and maintaining good relationships with all your children shows you care about your children. Spending time with children and displaying that you have a clear and expecting role in the children’s lives is important in determining child custody. The court will ask parents and guardians questions about their involvement with the children to determine the parent or guardian’s role in the life of the child.
Along with the custody battles that ensue following a child custody hearing comes the potential for child support payments by one of the parents. Child support payments in Indiana are calculated by a formula created by the state. Included in this formula are factors such as: the party’s gross income; the cost of childcare; healthcare for the child; and amount of parenting time exercised by the non-custodial parent. Hiding any of this information is forbidden and can severely cut a parent’s chances of gaining favor with the court. The best way to avoid paying child support is to share as equally as possible in the custody of your child with the other parent. This not only a benefit the parents; it will help foster a loving and caring multifamily environment for the child.
For more information on child custody in Indiana, contact an Indianapolis Family Law Attorney
